Legal Question in Immigration Law in Ohio

I am engaged to an illegal immigrant from Honduras. He came illegally about 5 years ago, has never been in trouble with the law and holds a steady job. We are expecting our first child in January and we would like to be married. Marriage licenses here require a SSN, however he doesn't have one. We are scared that he could be deported or sent back to Honduras if we file for citizenship after marrying. He doesn't want to leave me or my son and our baby and it would be extremely hard for me financially if he were gone. Is there a way to marry legally, but in a way that he would not have to leave the US and keep his job? If he goes back to Honduras, he may not be able to come back because of the problems with the government.


Asked on 11/10/09, 3:40 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

This is a difficult situation. Yes, because he came to USA illegally 5 years ago, he is not eligible for a green card through the process called "adjustment of status". He will need to go back to Honduras to apply for a visa AND a hardship waiver. A waiver has to be approved (and it's not guaranteed) before a visa (green card) can be issued to him.

If you decide not to marry right away, but file for a fiance visa, he will still need to go back to Honduras to apply for a visa and a waiver.

You can't file for his citizenship after marriage, but for his permanent residency (green card).

Yes, because he is in the USA illegally, he can be placed for removal (deportation) if apprehended by ICE.

If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help and advise you: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/15/09, 3:56 pm


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